Tuesday 27th November 2012

H.E. Mwai S. Kibaki, CBS, MP, President of the Republic of Kenya, Harambee House, Harambee Avenue, P.O. Box 62345 – 00200 Nairobi KENYA.

Dear Sir,

RE: TOBACCO INDUSTRY INTERFERENCE AND INTIMIDATION OF THE KENYAN DELEGATION TO THE 5 TH CONFERENCE OF PARTIES TO THE WHO FRAMEWORK CONVENTION TOBACCO CONTROL (WHO FCTC) HELD IN SEOUL SOUTH KOREA, FROM 12 TH -17 TH NOVEMBER 2012

Kenya Tobacco Control Alliance {KETCA} is a non profit membership organization that brings together registered organizations in tobacco control in Kenya. The umbrella body seeks to provide a forum for the co-ordination and consolidation of individual and organizational capacities of members’ activities in tobacco control in Kenya.

Your Excellency, our attention has been drawn to the letter dated 14th November 2012 herein attached, addressed to the Permanent Secretary Ministry of Foreign Affairs from Kenyan tobacco industry the Tobacco Industry calling upon the Ministry to prevail upon the Kenyan Delegation to the 5th Conference of Parties to the WHO FCTC on how to deliberate on their agenda items. Article 5.3 of the WHO FCTC specifically points out that “In setting and implementing their public health policies with respect to tobacco control, Parties shall act to protect these policies from commercial and other vested interests of the Tobacco Industry in accordance with national law”.

The Constitution under Article 2(5&6) outlines that general rules of international law shall form part of the law of Kenya, and any treaty or convention ratified by Kenya shall be part of the law of Kenya. Several The who FCTC obligations have been already specifically implemented through the Tobacco Control Act 2007. Further, the is binding legal commitments of the WHO FCTC and acts to guide the country on its ongoing development and implementation of tTobacco control Free laws and policys. Furthermore, Article 43 guarantees all Kenyans the right to the highest standard of attainable health and tobacco control is one of the measures of achieving this.

The reference by the letter to the Inter-ministerial meetings is a clear manifestation that the tobacco industry has permeated the public health policy formulation process. We urge your government to put mechanisms in place to ensure that this is dealt with to reverse such. It is worrying that the tobacco industry Tobacco Industry has the courage to write to government and direct it in policies that are aimed at advancing the public health of all Kenyans.

Kenya’s progress and leadership in tobacco control is evident to all both at the regional and at the global level. It is against this background that the country was invited to share its experience on the implementation of Article 17 and 18 of the WHO FCTC that requires parties to provide alternative economic livelihoods for tobacco farmers. The information presented by the Kenyan Delegate from the Ministry of Public Health and Sanitation are based on facts and figures collected at the country level depicting the situation on the ground.

Your Excellency, we remind your government of the Political Declaration of the High- level Meeting of the General Assembly on the Prevention and Control of Non- communicable Diseases made in 2011 during its 66th session, that called upon parties to prioritise tobacco control in national programmes.

We commend the Kenya Delegation for remaining true to the spirit and letter of the WHO FCTC and representing the Government and the AFO Region well in the different committee that it was called upon. We also urge the Kenyan government to ensure that the momentum it has in the implementation of smoke free laws is sustained through continued and sustained funding for tobacco control.

Sincerely

FRED ODHIAMBO SECRETARY/CORDINATOR

Cc. Hon. Beth Mugo, MP, Minister of Public Health and Sanitation, Afya House, Cathedral Road, P.O BOX 30016, Nairobi. KENYA.

Hon. Prof. Samson K. Ongeri EGH, MP Minister of Foreign Affairs, Old Treasury Building, Harambee Avenue, P.O. Box 30551 - 00100, Nairobi

Hon Prof. Githu Muigai, The Attorney General, State Law Office, P.O. Box 40112, Nairobi, Kenya.

Mr. Mark K Bor, CBS, The Permanent Secretary, Ministry Of Public Health And Sanitation, Afya House, Cathedral Road, P.O. Box:30016–00100, Nairobi, Kenya.

Mr. Thuita Mwangi, CBS, Ministry of Foreign Affairs, Old Treasury Building, Harambee Avenue, P.O. Box 30551 - 00100, Nairobi.

Prof. Peter Odhiambo, Chair, Kenya Tobacco Control Board, P.O. Box 73824- 00200, City Square, Nairobi, Kenya.

Hon. Robert O. Monda, M.P. Chair, Departmental Committee, Health, P. O. Box 41842- 00100, Nairobi, Kenya.